ML20076F326

Motion for Extension Until 830902 to Respond to Intervenor Motion to Reconsider Order Upholding atty-client Privilege Protection for 821124 Util/Bechtel Meeting.Motion Received 5 Days After Mailing.W/Certificate of Svc

ML20076F326
Person / Time
Site:	Midland
Issue date:	08/23/1983
From:	Steptoe P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8308260012
Download: ML20076F326 (4)

Text

, 8/23/83

,. DOCHETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION *83 AW 25 21 :26 BEFORE THE ATOMIC SAFETY AND LICENSINGTfBOARDsgcag p.

uancoNU & SERVU:r 8 RANCH In the Matter of )

) Docket Nos. 50-329-OM CONSUMERS POWER COMPANY ) 50-330-OM

) 50-329-OL (Midland Plant, Units 1 ) 50-330-OL and 2) )

APPLICANT'S MOTION FOR AN EXTENSION OF TIME TO RESPOND TO MS. STAMIRIS' AND MS. SINCLAIRS'

" MOTION TO RECONSIDER ORDER UPHOLDING ATTORNEY-CLIENT PRIVILEGE, etc."

Applicant hereby requests an extension of time until September 2, 1983 to respond to Intervenors' " Motion to Reconsider Order Upholding Attorney-Client Privilege Pro-tection for November 24, 1982 Consumers-Bechtel Meeting."

In support of this motion, Applicant states that although the certificate of service indicates that Intervenors' motion was mailed on August 12, 1983, the motion was not received at Isham, Lincoln & Beale's office in Washington, D.C. until August 17, 1983. In addition, Intervenors' motion was not served on Isham, Lincoln & Beale's Chicago office. These circumstances have reduced the time which would otherwise be available to Applicant to prepare a response. In addition, the attorney at Isham, Lincoln &

Beale who is most familiar with this area of law has other commitments which will delay him in turning his attention to 8308260012 830823 PDR ADOCK 05000329 G PDR

researching and preparing a response to Intervenors' motion.

Finally, evidentiary hearings are not scheduled to resume in this proceeding until September 19, 1983; therefore, the requested extension will not result in any delay in this proceeding nor in any prejudice to other parties.

Since my understanding La that Ms. Bernebei is out of town this week, I have not attempted to contact her. I assume that Intervenors' position with respect to this request for an extension of time can be ascertained in the conference call presently scheduled for Thursday, September 25. I am authorized to state that while the NRC Staff is not taking a position with respect to this attorney-client privilege issue, it has no objection to the requested ,

extension.

Respectfu is bm' ,

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ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312)S58-7500

SERVICE LIST i

Frank J. Kelley, Esq. Steve Gadler, Esq.

Attorney General of the 2120 Carter Avenue 55108 State of Michigan St. Paul, Minnesota Carole Steinberg, Esq.

Assistant Attorney General Atomic Safety & Licensing Environmental Protection Div. Appeal Panel 720 Law Building U.S. Nuclear Regulatory Comm.

Lansing, Michigan 48913 Washington, D. C. 20555 Myron M. Cherry, Esq. Mr. Scott W. Stucky Cherry & Flynn Chief, Docketing & Services Suite 3700 U.S. Nuclear Regulatory Comm.

Three First National Plaza Office of the Secretary Chicago, Illinois 60602 Washington, D. C. 20555 Mr. Wendell H. Marshall Ms. Mary Sinclair 4625 S. Saginaw Road 5711 Summerset Street Midland, Michigan 48640 Midland, Michigan 48640

• Charles Bechhoefer, Esq.

• William D. Paton, Esq.

Atomic Safety & Licensing Counsel for the NRC Staff Board Panel U.S. Nuclear Regulatory Comm.

U.S. Nuclear Regulatory Comm. Washington, D. C. 20555 Washington, D. C. 20555 Atomic Safety & Licensing

• Dr. Frederick P. Cowan Board Panel 6152 N. Verde Trail U.S. Nuclear Regulatory Comm.

Apt. B-125 Washington, D. C. 20555 Boca Raton, Florida 33433 Ms. Barbara Stamiris Mr. D. F. Judd 5795 North River Road Babcock & Wilcox Route 3 P. O. Box 1260 Freeland, Michigan 48623 Lynchburg, Virginia 24505 ,

James E. Brunner, Esq. Atomic Safety & Licensing Consumers Power Company Board Panel 212 West Michigan Avenue U.S. Nuclear Regulatory Comm.

Jackson, Michigan 49201 Washington, D. C. 20555

• Lynne Bernabei Thomas Devine Louis Clark Government Accountability Project of the Institute for Policy Studies 1901 Q Street, N.W.

Washington, D. C. 20009

s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) Docket Nos. 50-329-OH CONSUMERS POWER COMPANY ) 50-330-OM

) 50-329-OL (Midland Plant, Units 1 ) 50-330-OL and 2) )

CERTIFICATE OF SERVICE I, Philip P. Steptoe, one of the attorneys for Consumers Power Company, hereby certify that a copy of Applicant's Motion for an Extension of Time to Respond to Ms. Stamiris' and Ms. Sinclairs' " Motion To Reconsider Order Upholding Attorney-Client Privilege, ect." was served upon all persons shown in the attached service list by deposit in the United States mail, first class, this d y of August, 1983. Persons identified with an asteri we ev Express Mail or Federal Express.

( /L 1hilip P. Steptby '

SUBSCRIBED AND SWORN before me this 23rd day of August,

/

0r$WA jNotary Put$lic /

My Commission Expires July 6,1987

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